Terms & Conditions of Long Term Hire
For the purpose of our Rental Agreement, “we”, “us” and “IICC” all mean Incredible Ice Cream Ltd or its franchisees, the Supplier for this Rental Agreement. “You” and equivalent pronouns refer to the person or company hiring the services of IICC under the terms of this agreement.
“Equipment” refers to any equipment that has been provided to you by IICC but in particular the soft-serve ice cream machine and bar, whether static or mobile.
“Agreement” or “Contract” mean the Rental Agreement to which these terms refer.
These Terms & Conditions are supplemental to the Rental Agreement you will be provided and you must accept them where indicated prior to delivery. If you do not agree to these Terms & Conditions, we may not be able to proceed with the Rental Agreement.
Access to Your Site
Rental Agreements are subject to minimum access requirements being satisfactory which must be confirmed prior to delivery as stated below. The Equipment is both large and heavy and it is therefore vital for us to understand any access issues we may face when arriving.
By signing our Agreement you confirm that:
- We will be able to unload our van on a flat, firm, smooth surface
- The route from the van unloading area to where the bar is to be set up must be:
- free of steps or other obstructions (if any kerbs or obstructions do exist, you must tell us in advance of delivery)
- a hard, smooth surface for the entire route (if it is gravel or grass, please inform us in advance)
- if the serving location is not on the ground floor, a goods lift of at least 2m x 2m x 2m with a weight capacity of 700kg must be available to transport the bar to the serving floor
- there are no width or height restrictions along the route of less than 1.5m wide or 2m height
- If the serving location is indoors, doorways need to be large enough to accommodate the sections of our bar:
- Mobile bar requires 1m(w) x 2m(h) doorways
- The Static bar requires 1.5m(w) x by 2m(h) doorways
- The area where we set up the bar for serving is on a flat, hard and smooth surface
- We must be able to park a Luton sized van on site for the duration of delivery and setting-up.
- If your venue is in a Congestion / ULEV zone, please make us aware of this before delivery.
If you fail to inform us of any access issues shown above we may be forced to cancel the Rental Agreement on arrival and you may be liable for costs incurred.
Only consumables supplied by Incredible Ice Cream Ltd may be served from an Incredible Ice Cream Bar.
These consumables include:
- Ice cream
By accepting this Agreement, you agree that to serve unapproved products from an Incredible Ice Cream bar makes it impossible for IICC to ensure the quality and consistency of our product and that this is likely to cause our brand substantial reputational damages. Serving consumables not supplied by IICC from our bar may lead to us seeking damages for any such harm as actually caused or perceived.
Using unapproved products will result in an immediate termination of this Agreement.
Consumables must be
- Purchased from Incredible Ice Cream Ltd or its nominated franchisee
- Paid for at the time of ordering
- Stored in a clean, food-safe environment
By signing our hire agreement you confirm that:
- You will be providing exclusive (i.e not shared) access to one 13 amp domestic-type power supply within 15m of the bar (if a 16 amp commercial power supply is to be used please let us know prior to delivery)
- You have all necessary permissions needed to trade at the serving location
- You have valid Public and Employer’s Liability Insurance
- If the serving location is outdoors, you will provide suitable weatherproof cover for IICC equipment and stores when necessary, never leaving the bar to exposed in wet weather.
- An initial stock of consumables will be delivered with the bar
- Consumables are invoiced on strict 14-day terms
- You will be provided with the agreed payment schedule for the bar hire. Payments must be paid in advance of each rental period (e.g 1 month in advance)
- There may be a shipping fee charged for consumables if a minimum order value has not been met. This order value changes from time-to-time and you will be informed of these changes as they occur
Service & Warranties
- We will endeavor repair or replace faulty ice cream machines as quickly as possible, usually within 24 hours
- We will not be liable for any loss of income or profit resulting from faults arising in any equipment supplied by us
- Where a fault occurs which we are unable to rectify in 24 hours, a refund may be agreed on your rental fee
- Any such refund will not exceed the rental fee paid for the month in which the fault has occurred
- We make no warranty or guarantee pertaining to how much revenue the Incredible Ice Cream bar will generate for you
- You indemnify IICC against all liability arising from your failure to adhere to this Agreement
Care, Cleaning & Maintenance
- The bar must be staffed/supervised whenever the public has access to it in order to prevent misuse and damages
- The ice cream machine must be cleaned in accordance with its schedule and a log of such cleans must be available for inspection by IICC or public health officials at any time
- The ice cream machine must be cleaned in accordance with IICC’s or the manufacturer’s instructions, particularly in respect of regular cleaning and sanitation
- The IICC bar must be kept clean at all times, including regular sanitation of surfaces
- You will operate the bar in a “Covid Conscious” manner, managing queues safely and preventing the public from touching or contaminating consumables or the serving area
- Failure to adequately clean and maintain the bar, ice cream machine and serving area to a high standard will result in the termination of this agreement
- The bar and ice cream machine must be kept secure and away from the public whenever not in use
- You will be liable for any damages to the ice cream machine and bar which are not deemed reasonable wear and tear
- IICC staff will be allowed access to perform random spot-checks without notice during the agreement
- Either party can terminate this agreement with 30 days notice
- We can terminate this agreement without notice if:
- You are in breach of this agreement
- You fail to pay any invoices which are due
- We feel the bar is being operated in a way which endangers the safety of staff or the public
- We deem this agreement is not commercially viable
- The bar is being operated in an unhygienic manner
- The bar is being operated in such as way as to cause harm to the reputation or goodwill of Incredible Ice Cream Ltd.
- Once termination notice has been given, both parties will agree a date and time for Incredible Ice Cream to collect its equipment
- Credit may be agreed for consumables collected provided they are in saleable condition and are more than three months from their Best Before date
- No refund will be given for consumables not collected
- If the government announce Covid restrictions which oblige you to close to the public, both parties agree to work together to bring the agreement to a close with minimal harm to either party.
- You will allow us reasonable and timely access to collect our equipment at the end of this agreement
- You will return the equipment in a clean condition